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Privacy Policy

Updated: May 13, 2014

Welcome to the website of TOMS Shoes Inc. (together with any of its subsidiaries or corporate affiliates, "TOMS," "we," "us" or "our")! Any person accessing or using the website www.TOMS.com and any associated webpages (collectively, the "Website"), including use of any of our service through a mobile device, mobile application or otherwise, is referred to as "you". At TOMS®, our goal is to protect the privacy and security of your personal information.

To achieve that goal, this Privacy Policy describes the types of information we may collect from you via this Website, how this information may be used, disclosed and safeguarded, and how you can control its use.

By visiting and/or using our Website, you accept the practices described in this Privacy Policy. We reserve the right to update, change, modify or otherwise alter this Privacy Policy at any time. If any material changes are made to this Privacy Policy, we will notify you by posting the revised Privacy Policy on the Website or notifying you through the Website. ANY ACCESS TO OR USE OF THE WEBSITE BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THIS PRIVACY POLICY. Accordingly, we encourage you to periodically review this Privacy Policy and the Website in order to keep apprised of our current privacy practices. If you do not agree to our privacy practices as detailed here, please do not use this Website.

Please note that we are not responsible for the content on, or the privacy practices of, any non-TOMS® website to which this Website links or that links to this Website.

In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Website, products and services.

INFORMATION COLLECTION

Information we collect from you may vary depending on how you use the Website and information you may choose to provide to us via the Website.

Information You Provide to Us:

TOMS® collects information from you when you choose to provide it to us. This includes, but is not limited to, individually identifiable information, such as your full name, a user name and password, email address, phone number, physical address, credit card information and other billing information.

Examples of ways in which we may collect such information from you include the following:

You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Website and we may not be able to provide you with certain products and/or services.

Information We Automatically Collect:

We may use cookies, web beacons, pixel tags or other technologies to automatically collect certain information when you use our Website, or interact with our emails on or from our Website or other websites. This information may include your IP address, browser type, geolocation data, unique user ID, cell phone model, operating system and carrier, and Internet Service Provider. We also may collect information about your use of our services, such as the number of times you return, whether you click-through, open, or forward links, emails, and ads, the URLs and webpages you've visited, sections of or content on pages of the Website on which you click or in which you are interested, the number of times you visit each webpage, what downloads and/or search queries you have made, and how long you spent on particular sections of the Website and on the Website generally, and other Website usage data. These technologies, such as cookies, allow us to keep track of your order as you shop on our Website, recognize registered users when they visit, and provide those customers with information and advertising that is more relevant to them. If you register with or order from us, we may use cookies to monitor and maintain information about how you use our Website and what you buy. If you do not register with or buy from us, we may monitor and maintain information about your use of the Website in order to improve your shopping experience and provide you with more relevant content and advertising.

Cookies: Certain parts of our Website require cookies. You may adjust your browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of our offerings. However, you can still place orders over the telephone by contacting our customer service number at 1.800.975.TOMS (8667).

Online Behavioral Advertising: We may partner with third party ad network(s) to either display advertising on our Website or to manage our advertising on other websites. Our ad network partner(s) may use cookies and/or web beacons to collect non-personally identifiable information about your activities on our Website and other websites to provide you with targeted advertising based upon your interests. Our system may not respond to Do Not Track requests or headers from some or all browsers. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain service providers, please click here.

Information Collected From Other Sources: We may obtain information about you from other sources, including social networks that you use to connect with us. This information may include name, user name, demographic information, updated address or contact information, interests, and publicly-observed data, such as from social media and online activity.

Combination of Information: We may also combine the information we receive from and about you, including the information you provide to us on the Website, information we receive from third parties, information we automatically collect (as explained above) and information provided or collected offline when you shop in our retail stores.

INFORMATION USE

We may use the information we collect from and about you for the following purposes:

  1. To personalize and improve our services and Website, and allow you to set up a user account and profile that can be used to personalize your experience in using our services and Website;
  2. To provide you with a streamlined checkout experience;
  3. To process and fulfill your order(s), contact you concerning the status of an order, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary;
  4. To provide you with targeted offers and advertising on the Website, through other websites or via direct mail, e-mail, text message, or push notifications, and to contact you about upcoming TOMS® sales, promotions, offers and product information;
  5. To help us learn more about our Website visitors and customers, and to improve their shopping experience and our business;
  6. To develop new products and services;
  7. To research and address any problems with our Website, business, and our products and services;
  8. To protect the security or integrity of the Website and our business; and
  9. Otherwise, as described to you at the point of collection.

INFORMATION DISCLOSURE

We do not share, sell, lease or rent information about our customers to unaffiliated third parties, except in the following circumstances:

  1. We may share aggregate, anonymous or summary information regarding our customers and their behaviors with partners, advertisers or other third parties. This data is not personal information and so will not identify you personally.
  2. We may share information with companies that provide support services to us, such as a printer, mailing house, fulfillment company, credit card processor, email service provider or web host, amongst others. These parties may need personal information about you in order to perform their functions. However, these parties may not use any personal information we share with them about you for any other purpose other than in connection with performing supporting functions for us.
  3. We may publicly disclose the name, city, and state of the winner of any online sweepstakes and contests.
  4. We may be required to disclose such information in order to comply with legal requests and processes, enforce our Terms of Use, otherwise protect or assert the rights, property, interests or personal safety of TOMS® (including its employees, directors, suppliers, distributors, service providers, users of the Website or others), or if we are otherwise required to disclose such information by law. Any such release decisions may be made by us in our sole discretion.
  5. We may need to keep records of certain personal information you have provided to us or which we have obtained from you in accordance with this Privacy Policy and applicable law for business or legal purposes.
  6. As with any business, it is possible that as our business develops, we might sell or buy businesses or assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Statement.
  7. We may use your written and/or video reviews on our Website and/or within TOMS® for product improvement, product development, customer experience improvement, and possible communication/PR purposes.
  8. From time to time, we may enable you to send emails and other types of messages to us and to participate in forums, blogs, or other Interactive Areas, social media website(s) operated by TOMS® or a partner, in which case your name or other personal information you provide in connection with the communication may be available to the public (please see our Terms of Use for more details on this, including our ownership of your messages, Comments, etc.)

PROTECTING YOUR INFORMATION

Shopping on the Website is easy and we strive to ensure that your order and credit card information are safe and secure. As a result, TOMS® has implemented certain physical, administrative, and technical security measures to protect against the loss, misuse or alteration of the information you provide.

As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information and no data transmission can be guaranteed to be 100% secure. In order to try to minimize this risk, we encrypt your personal information, including your name, credit card number and address, using the Secure Sockets Layer (SSL) protocol so that it cannot be read as it is transmitted over the Internet.

SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Our servers' use of SSL works with the main browser applications available on the market. This means that you may not be able to use the SSL if you have an older version of an Internet browser that does not support secure transactions, or if your computer is located on a local area network (LAN) that uses a firewall that prohibits secure transactions.

You should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may request information about our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the address below.

CHILDREN'S PRIVACY

We do not intentionally collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13) you should not register or provide information on our Website or to TOMS®. If you have knowledge that a child under the age of thirteen (13) has submitted Personal Information to us, please email us at legal@toms.com, and we will remove that child's personal information from our files.

CORRECTION TO YOUR PERSONAL INFORMATION OR DISABLING YOUR ACCOUNT

You can (a) access, correct, or update your Personal Information, and/or (b) disable your account to prevent any future purchases through that account. You can make these requests by emailing your request to TOMS® Customer Service department at customerservice@toms.com. Please clearly label the subject line "Corrections / Disabling Account," and do not email your credit-card number or other sensitive information. In specific circumstances, proof of identity and payment may be required.

If you would like to unsubscribe from receiving marketing or promotional emails from us, please click on the "Unsubscribe" link contained in any promotional email or contact us at customerservice@toms.com (and put "Unsubscribe" or "Opt Out" in the subject line).

QUESTIONS AND FEEDBACK

We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at legal@toms.com or write to us at:

TOMS Shoes Inc.
5404 Jandy Place
Los Angeles, CA 90066
Attn: Legal Department

TERMS AND CONDITIONS

Please also visit our Terms of Use that explains other terms and conditions governing your use of this Website.

© TOMS Shoes Inc. 2006-2014, all rights reserved.

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